Citation NR: 9610644
Decision Date: 04/19/96 Archive Date: 04/25/96
DOCKET NO. 94-31 898 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Louisville,
Kentucky
THE ISSUE
Entitlement to an effective date, prior to May 22, 1980, for
a grant of service connection for post-traumatic stress
disorder.
ATTORNEY FOR THE BOARD
Ronald R. Bosch, Counsel
INTRODUCTION
The veteran served on active duty from January 1966 to
September 1968.
This appeal arose from a March 1994 rating decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in
Louisville, Kentucky. The RO denied entitlement to an
effective date, prior to May 22, 1980, for a grant of service
connection for post-traumatic stress disorder.
The case has been forwarded to the Board of Veterans’ Appeals
(Board) for appellate review.
REMAND
In his statements on appeal the veteran has repeatedly
referred to clear and unmistakable error in prior rating
decisions denying entitlement to service connection for post-
traumatic stress disorder. He has not identified specific
rating decisions and has requested compensation benefits for
post-traumatic stress disorder retroactive to separation from
service. It appears from his written statements that he is
also questioning the evaluation assigned for his post-
traumatic stress disorder when his claim was considered by
the RO during previous claims.
The RO rating decision in March 1994 merely denied
entitlement to an earlier effective date for a grant of
service connection for post-traumatic stress disorder, and
the statement of the case issued to the veteran in this
regard is silent as to clear and unmistakable error in prior
rating decisions, an issue clearly raised by the veteran in
his statements on appeal.
The veteran has also indicated in his statements on appeal
that there exist records of his private treatment for
psychiatric symptomatology which he wished to have considered
by the RO in its determination of his appeal. These records
are not on file and no action has been taken to request and
associate them with the claims file.
It is the judgment of the Board that the private records of
treatment alluded to by the veteran in his statements on
appeal should be requested and associated with the claims
file. The veteran should also be requested to clarify the
prior rating decisions he feels constituted clear and
unmistakable, and whether he questioned the evaluation
assigned for post-traumatic stress disorder when increased
compensation benefits was at issue during pursuit of previous
claims.
Therefore, pursuant to VA’s duty to assist the veteran in the
development of facts pertinent to his claim under 38 U.S.C.A.
§ (a) (West 1991); 38 C.F.R. § 3.103(a) (1995), the Board
will not decide the issue certified for appellate review
pending a REMAND of the case to the RO for further
development as follows:
1. The RO should contact the veteran and
request that he provide a detailed
statement describing specifically the
rating decisions he believes constituted
clear and unmistakable error, and whether
such error included the evaluation
assigned for post-traumatic stress
disorder as well as the effective date
for such rating assignment. The
appellant should also be requested to
provide any private records of treatment
he believes are pertinent to his claims
of an earlier effective date for a grant
of service connection for post-traumatic
stress disorder and clear and
unmistakable error in prior rating
decisions.
2. After undertaking any development
deemed appropriate in addition to that
specified above, the RO should
readjudicate the issue of entitlement to
an effective date, prior to May 22, 1980,
for a grant of service connection for
post-traumatic stress disorder, and
consider the issue of clear and
unmistakable error in prior rating
decisions in accordance with the
veteran’s clarifying statement to be
obtained as described above.
If the benefits requested on appeal are not granted to the
veteran’s satisfaction, or if he should file a notice of
disagreement as to any other issue, the RO should issue a
supplemental statement of the case. A reasonable period of
time for a response should be afforded. Thereafter, the case
should be returned to the Board for final appellate review,
if otherwise in order. By this REMAND, the Board intimates
no opinion as to any final outcome warranted. No action is
required of the veteran until he is notified by the RO.
WARREN W. RICE, JR.
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, 741
(1994), permits a proceeding instituted before the Board to
be assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1995).
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